People v. Mosley

Defendant was convicted of unlawful use or possession of a weapon by a felon and sentenced to 10 years in prison. He appealed, arguing that the State failed to prove beyond a reasonable doubt that he possessed a firearm and that the trial court erred by sentencing him to a Class 2 felony rather than a Class 3 felony because his prior attempted robbery conviction was not a “forcible felony.” The appellate court affirmed the guilty finding, but agreed with defendant’s argument that his prior conviction was not a forcible felony and vacated defendant’s sentence and remanded for re-sentencing. (HOFFMAN and MARTIN, concurring)